VERIZON NEW ENGLAND INC. v. BOARD OF ASSESSORS OF BOSTON

No. 09-P-2342.

81 Mass. App. Ct. 444 (2012)

VERIZON NEW ENGLAND INC. v. BOARD OF ASSESSORS OF BOSTON & others.

Appeals Court of Massachusetts, Suffolk.

March 19, 2012.


Attorney(s) appearing for the Case

William A. Hazel for the taxpayer.

Anthony M. Ambriano for board of assessors of Boston & another.

Martha Coakley , Attorney General, Daniel J. Hammond , Assistant Attorney General, & Daniel A. Shapiro , for Commissioner of Revenue, submitted a brief.

Present: McHUGH, SIKORA, & FECTEAU, JJ.


McHUGH, J.

Verizon New England Inc. (Verizon) appeals from a decision of the Appellate Tax Board (board) concluding that poles and wires (which the parties refer to as "aerial plant") erected on public ways, as well as construction work in progress (CWIP), are subject to taxation by the cities of Boston and Newton for fiscal year (FY) 2003 through FY 2009. For the reasons that follow, we vacate the board's order.

Background. The record, significant...

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